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New Jersey Superior Court, Essex County/Direct
Lynn Miller, Arthur Miller/Miller & Miller
Lawrence Hamm, President of the People's Organization for Progress (POP), and Mary Weaver, a POP member whose son was killed by the East Orange police, have attempted to hold a number of rallies, marches, and memorials in East Orange. However, the city has required permit applicants to obtain a one million dollar insurance policy and to sign hold harmless agreements as a condition of applying for a permit. When Weaver and Hamm submitted applications without obtaining insurance, their permit applications were denied. The ACLU-NJ sent letters informing the City of East Orange that we would sue on Weaver's and Hamm's behalf if the insurance and hold harmless requirements were not removed from the permit application process. The City agreed to waive its requirements for Weaver to hold a public memorial service, but would not rescind the hold harmless requirement for future applications. We filed suit in June 2002 and the town agreed to waive those requirements while the case is pending. Although the case is ongoing, the city has been ordered to pay much of the ACLU-NJ's attorneys' fees to date because it has failed to respond to our requests for information under the discovery phase of litigation.
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